Sunil Dada Gazi v. The State Of Maharashtra
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION BAIL APPLICATION NO. 2367 OF 2017 Sunil Dada Gaji.
... Applicant.
Versus
The State of Maharashtra.
... Respondent.
--- Mr. S.R. Borulkar a/w. Mr. N.N. Toshrival a/w. Mr. A.P. Pawar i/b. Mr. Manoj Patil, advocate for Applicant.
Mr. Ajay Patil, APP for State.
--- CORAM : SMT.SADHANA S. JADHAV,J DATE : DECEMBER 22, 2017 P.C.:
Heard the learned Counsel for the applicant and the learned APP for State.
This is an application under section 439 of the Code of Criminal Procedure, 1973. The applicant herein is arrested on 24/7/2017 in Crime No. 275 of 2017 registered with Chaturshrungi Police Station, Pune for the offence punishable under section 409, 420, 467, 468, 120-B read with section 34 of the Indian Penal Code and under 1/6
section 3 and 4 of the Maharashtra Protection of Interest of Depositors Act, 1999 and section 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978. It is the case of the prosecution that on 23/5/2017 Dr. Mrs. Nitin Shukla wife of Rishi Datta Tiwari lodged a report at the police station alleging therein that in the year 2009 she was looking out for some scheme for investment alongwith her family members. She was searching for certain options which would give good yield and assured good returns. During that period, she had met some friends who had invested in Temple Rose Real Estate Private Limited. She had therefore invested huge amount. The company was involved in development of land. She was assured of good returns. She soon realised that alongwith many others she had been duped by the company and therefore, she was constrained to lodge a report. Accordingly, she lodged a report and had pointed out that an amount of more than 300 Crores has been defalcated by the company. 2/6
In the course of investigation, the applicant who was marketing President of the company was arrested. Investigation was set in progress. By the time, the investigation was concluded, it had transpired that the applicant had amassed huge property. The immovable properties of the applicant and his family members have been attached by the investigating agency and the said properties would be subject to the proceedings under the MPID Act. Since the investigation is completed, charge-sheet is filed and the coaccused has been enlarged on bail under section 439 of the Code of Criminal Procedure, 1973, the applicant also deserves to be enlarged on bail.
Without going into merits of the matter, the applicant deserves to be enlarged on bail, since the family members of the applicant have given a list of properties owned by the family and have given undertakings that they would not object auction proceedings of the said properties which would be undertaken under the provisions of 3/6
MPID Act. Since the applicant is in custody, he could not give his personal undertaking, however, within one week from the date of his being enlarged on bail, he would appear before E.O.W. Office at Pune and give an undertaking that he would not object to the auction proceedings of the said properties.
The learned Counsel for the applicant at this stage has demonstrated that the property which is situated at Baner is the property which was purchased in the year 1988-1992 and the same would not be subjected to attachment or auction in the said proceedings as they not only happened to be his ancestral property but there is residential house on the said property and therefore, the said properties are exempted from being subjected to the provisions of MPID Act.
The above observations are prima facie in nature and restricted to the application under section 439 of the Code of Criminal 4/6
Procedure, 1973. The learned Trial Court shall not be influenced by the same at the time of trial.
The undertakings of Mrs. Manisha Sahil Gaji, Sahil Sunil Gaji, Smt. Tarabai Dada Gaji and Ms. Snehal Sunil Gaji are taking on record and collectively marked as article "X" for the purpose of identification.
Hence, the following order is passed.
ORDER
i) The application is allowed.
ii) The applicant be enlarged on bail on furnishing P.R. Bond in the sum of Rs. One Lakh and one or more solvent sureties in the like amount.
Iii) The applicant shall report to the office of EOW within one week from the date of his being enlarged on bail and shall give an undertaking to the effect that he would not object auctionn 5/6
proceedings of the properties mentioned in the list except the properties situated at Baner, Taluka Haveli, District Pune. iv) Upon failure to give undertaking within one week from the date of his enlargement on bail the prosecution is at liberty to file an application seeking cancellation of bail.
v) The applicant shall then appear before the office of EOW on every alternative Sunday during 10.30 a.m. to 12 noon and cooperate with the investigating agency to the best of his capacity till the commencement of the trial.
The application is disposed of accordingly.
(SMT. SADHANA S. JADHAV,J) 6/6